The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1887-03-24

lem VI drainage ana protection from overflow
1Or AGRICULTURAL and sanitary purposes and
maintain the same by special assessments upon
me lands and property benefited thereby, may
me with the clerk of the board Of drainage COM
mlss!oners OF the county in which such lands
are situated q petition signed by them setting
forth general description of the lands proposed
70 oe aHected, with the names of the owners and
their postotfice address when known a general
description OF the proposed work and that the
petitioners desire that a sub-drainaee district
may pc organized embracing the lands therein
ulentlOned Tor the purpose of constructing, re-
pairing and maintaining a drain or drums
ditch or bitches, embankment or embankments
OF combined sy stem Of drainage aud protection
from overflow or all or either within said tract
1or agricultural and sanitary purposes by spe-
Gal assessments upon the lands and property to
De benefited thereby. Such petition shall be
freehoiders in the sum of two hundred and
nifty dollars ($25O payable to the beard of
DRAINAGE commissioners OF the drainage district
III which such tract is situated, which bond
shall be approved by said clerk and conditioned
TO pay all expenses OF the proceedings under
such petition in case said board of drainage
commissioners shall fail to establish the sub
drainage districts prayed for in said petition.
DEC. g. 1t shall be the duty Of said clerk to
receive and file said petition and bond in his
once and ne shall thereupon call a meeting Of
the board OF drainage commissioners of his drain
age district to be held at his :dce not more than
thirty t50 nor less than twenty (2O) days there
AFTER The clerk shall give notice of the time
ana place OF such meeting by causing written or
printed notices signed by HIM to he posted in at
least three different places within such proposed
sub drainage district aud by mailing CODY of
such notice to each OF the town clerks and mem
bers OF the town boards of supervisors of each
town In which any of the lands proposed to he
1ncluded III such sub-dratnage district are Sit
uated at least ten uO) days prior to the time OF
such meeting He shall also file copy of such
notice IN his office and record the same in the
drainage record
SEC. 8. 1t shall be the duty of the board of
drainage commissioners OF such drainage dis
.rl e 10 meet at the time and place mentioned in
the said petition and all other papers in the
case and they shall thereupon proceed to ascer-
tam whether said petition has the signatures OF
the required number of owners OF land as re-
qulred by by this act and if such signers are
owners OF one-third (,3) or more in area of the
lands si situated in said proposed sub-drainage
credible slgners of said petition. that they have
examined the same. are acquainted with the
locality OF the proposed sub-drainaye district
and that they believe that SAID petition is
signed by the required number Of owners Of
lands in said proposed sub drainage district and
that the said sgners are the owners of one third
be taken as pris s }acie ' evidence 'e Of
tue facts set forth in said petit
ton as against the owners of the lands in the the
PROPOSED ;Sl tranase District and as conca
ing said petition, Of all the facts
set, set nd form in said petition and Of
posed sub drainage district hereunder At
such meeting any other owners of lands within
said proposed sub-drainage district shall be per-
mitted to sign said petition it they so desire,
ANY person or persons owning land in said pro-
posed b-dralnaGe district whose names do not
appear upon said petition may at said time and
place appear by himself or attorney and contro-
vert any material statements in said petition:
and for the purpose Of such hearing the board
shall have full power to administer oaths, to cx-
anime all witnesses produced and shall decide all
questions that may arise at such hearing at such
time and place. and make a written statement
OF their findings. to be filed with the clerk aud
recorded In the drainage record. If they find
that the petition has not been signed Us herein
required they shall dismiss the same. For cause
shown the board may adjourn from dav to day
until such hearing Is concluded
SEC. 10. II said board OF drainage commits
sloners shall md in favor Of said petition they
shall immediately by order appoint three 81
dislnterested persons. residents OF the county in
which such proposed sub-drainage district is
situated as viewers, to meet at q time and place
speci1ied in said order preparatory to commence
ing their duties as herein specified. 1t shall be
the duty OF said clerk thereupon to deliver to
SAID viewers certified copy Of the petition and
the order of the board thereon who shall proceed
at the time set In said order with surveyor
who shall be civil engineer, and who shall
make an accurate survey of the proposed work,
a map or plat of the survey, ana report OF all
estimates required of said viewers as a basis of
their report to be made to the board OF drainage
commissioners as herein provided
SEC. II. The said viewers. while such survey
and plat are being made, OF after the same have
been completed, SHALL have power to change the
boundaries OF such proposed sub-drainage dis
trict from the boundaries given in tue petition,
SO as to include lands not embraced or exclude
lands taken into said proposed sub drainage
district, and shall permit additional signatures
to be made to the petition by any person per-
sons owning land in, or owning land desired to
be taken into such proposed sub-drainage dis
trlct to the end that i majority Of the owners "
the land IN the proposed sub-dralnage district
as finally to be organized, and who shall be
owners in the aggregate OF one-third l3) or more
in area OF such lard shall have signed the Pc
titson, which facts said viewers shall find and
be filed with the clerk who shall enter the same
III his drainage record. which finding shall he
conclusive.
SEC. l2. If the viewers after examination of
port OF the engineer shall find III favor OF the
proposed work and determine to report in favor
OF the organization Of the proposed sub-drain-
age district they shall together with said eug-
necr make an accurate survey OF the proposed
work, and they stall cause stakes and mouu-
ments, consecutlvciy numbered, to be set along
drains, ditch or bitches. cmba nkment or en-
bankments at each one hundred feet, and they
shall make a computation of the total number
OF cubic Yards OF earth to be excavated and re-
moved from such drain drains, dl.ch or
bitches, or the total number of cubic Yards of
earth to be used in raising such embankment or
cost Of the whole work. They shall accurately
describe, as the same is described upon the
county tax duplicate each parcel Of land
Of the propos ed work giving the number of acres
in each tract assessed and the estimated num-
Der of acres benefited, the amount that each
tract of land will be benefited or damaged by
the construction OF said work and the amount
that each tract is assessed therefor, and they
shall In tabular form give the depth OF the cut
or height of the embankment, width at the hot.
tom and width at the top at each one hundred
foot stake or monument OF such drain, ditch or
embankment, and said viewers srall also ascer-
lam ana give the names OF the owners OF the
lands that are assessed for the construction Of
such work so far as they can he asccrtained upon
reasonable inquiry and search OF the public rec
ords OF the county in which such lands are stu
ated
SEC IS. All lands owned by any person or
persons or by any corporation except the State
OF Minnesota or the United States which are
III proportion to the benefits for the construc-
ton thereof whether such work passes through
or is partially located upon said lands or not;
lands not traversed by any drain, ditch or en-
bankment shall not consider what benefits such
lands will receive after some other drain,
but only the benefit that viii be re re-
embankment then contemplated as it
affords an outlet for the drainage of said lands
or protection to the same from overflow: and
any owner of land within the proposed SUBJ
drainage district who signed the petition for the
organization of such proposed, sub-drain-
age district, shall be forever barred from
objectia9 that the lands of such owner situated
In such sub-dralnage district not subject TO
assessments for benefits as provided in this act.
SEC. IA. Whenever any railroad is benefited
by such DRAIN ditch or embankmcnt such rail-
road shall be assessed its just proportion of
benefits the same as lands benefited are as
sessed, which assessments shall be collected
from.the owner Of such railroad in the same
manner as personal property taxes are collected
be law.
SEC IS. Whenever any public highway is
benefited by such drain ditch or embanknent
the county or town which is by law charged
with the duty of keeping such highway in re-
pair, shall be assessed with the amount Of bene-
fits accruing to such highway by reason of such
drain. ditch or embankment and the amount
harn ShoI ho ctoIl I,